Democracy and Social Media

Recently we as a country saw some unprecedented action around Anti-corruption movement lead by Anna Hazare. This movement was as much in the ether as on the real ground. Ultimately the “civil society” won the day and managed to get some unprecedented concessions from the Government of India. What comes out of the movement  and whether India improves its ranking on the Corruption Index is yet to be seen.

However, Anna and his movement got huge recognition and response from the online community. Facebook Fan Page India Against Corruption moved from a few thousand likes to a few hundred thousand likes in a matter of days. And these were not idol click of a button LIKES, but interaction happened. It was almost as if floodgates were opened on a famine stricken area.While the Administrator was interested in only one way posting and not conversation as is the spirit of Social Media – the do’s and don’ts of the Administrator can be discussed in another post. Each entry from the administrator got instant responses by hundreds.

Detractors of the Movement were quick to dismiss the support as armchair critics and the so called educated minority. They were quick to state that “JAN ANDOLAN” are on the streets through demonstrations and sit ins (dharnas) and not by click of a button. One commentator went on to state that the support is only to fill the void created by the culmination of cricket world cup and for some it is so in to talk about “ills of the society”.  Examples were cited from Gandhi’s and JP’s movements from the last century.

Efforts were being made to discredit the movement by saying how many of these people will come to the streets if Government was to use force and that is how this people’s movement cannot be compared to Tahrir Square or other populist risings. Excuse me, don’t we claim to be a functioning democracy and don’t people have a right to speak their minds in one and why compare to a movement which was to overthrow a regime wherein the movement in India was not for any such cause.

Simplest definition of Democracy is “By the people, For the people  and Of the People” and Not by the street, of the street and for the street. Agreed majority of India is not using internet and as per the last count Indians on Internet are approximately around 100 M out of a total of 1.2 Billion thus making it around 1%  penetration. But does the fact that online population is a minority, its views are not to be heard ? The fact that these people are using internet does not disenfranchise them or does it  ? Or it does, as they have the power to take informed decision and can not be swayed by caste, religion, money or the pretty boy image of a leader ?  Or is this dismissal attributed that neither can you teargas, water canon or shoot online protestor.

On the other hand, is it not that times have changed. Would we dismiss mobile telephony because previous century was used to snail mail and inland letters and postcards and that was the mode of communication. Or would we dismiss mobile telephony and like to go back to the pigeons. Was that not a compulsion of the times and technical advancement from those days, in modern days one would possibly be put behind bars for cruelty to animals.

Village as a unit has always had its chaupal or village square as the connect point. Friends to meet, justice delivery, social interaction leading to matrimonial alliances, help and advise on disease, purchase or any other matter were sought and delivered through the Chaupal. And why not, for a common villager his universe was around the village and extended to villages which were around 50kms radius. We need not go back more then two generations to find out that majority let alone travelling across nations would not even have traversed the boundaries of their birth district.

Cut to the present times, travelling across India is par for the course for the educated and the social circle of influence for them if it does not traverse the globe at least touches different states in India. Imagine for this mobile population, what would constitute their Chaupal ? Their aspirations are on a larger scale, their advisors are diverse and need for them to keep in touch is no longer a shout across the garden. Social Media has done the Chaupal to the global villager, he can now connect with his friends, advisors, consultants and at times with foes transcending the geographical boundaries. And no wonder, he is also using this same medium to express, share and seek political views. Why should he step out on the streets to share his anger, discontent and frustrations about a system gone rotten, when he can do the same, with the help of technology from his home/office? We again come to the point – Democracy is about people and not about the medium. It is now for the political class to choose whether their democracy and participation is about people or about street. I, for one would be very uncomfortable with the educated on the streets because you know what brain always scores over brawn. Revenge of the nerd may transcend the peaceful coexistence which seem to have prevailed after the skirmish.  

Anna and Those Ones

Discussion often used to be that the younger generation has abdicated their responsibility of the nation even before taking charge and that they cared only for the material gains and it did not matter to them whether it came as Union of India or some other state. They were totally oblivious of the governance and only cared about self and that too in the here and now. Their role models were pop idols with pierced and tattooed bodies speaking in staccato and had an attention span of 140 words.

Happenings over the last few days have changed the perception on its head. They do care and the state of the nation does matter to them. And no their form of protest is not the Rang De Basanti style of justice – by the bullet. They believe in organised and disciplined protest through mass movement in the physical world and also the world of Social Media.They are well read, informed and have the natural ability to communicate. Words chosen by them are not the language of the gutter but that of a sophisticate. They are not charmed by eloquence of the language but by substance and are not awed by the Position power exerted by the powerful men and women of the polity. This is not a generation of people who will accept the inevitable but comes with a belief that “THEY CAN” and they do.

It is the middle generation which had abdicated its social responsibility while in quest for personal material success. And also responsible for not providing the right values and direction to the young lot. In the movement against corruption young ones found that direction and values from an unlikely hero – Anna Hazare. Anna, a septuagenarian followers of Gandhian philosophy is the unlikely hero. He does not sport six packs, nor does he have tattoos or speak in an accented English. Anna is the quintessential common man from the rural India, hailing from a small village in Maharashtra, speaking in Hindi or Marathi in a soft tone and sporting a Gandhi topi. His form of protest is not that of aggression but silent method of the Mahatma – Fast Unto Death. While he is polite in his demeanour but firm in his ideas to the exasperation of his detractors.

Anna did not budge from his demands even for a minute while all kinds of shenanigans were being played out around him, snide comments were being made about his demand, method or the movement. It is said that for a peaceful movement to work either the opponent has to have a conscience or the movement has to be so big to overwhelm the powers. Mostly powers have the attitude that such movements fizzle out after initial euphoria as the novelty wears off, after all what  new can one do in a FAST UNTO DEATH but wait for the next step which is Death.

The movement against corruption did not fizzle out but only gained momentum with every passing day. With more and more people across ever increasing cities across the world lent their weight. What was admirable was every single one of those candle light marches or signature campaigns were disciplined and peaceful. I don’t recall any single news item mentioning any instance of violence or unruly behaviour by the protestors.

Actually at the end of this episode, one can only pity the Powers that be – did they have any options at all ? What does one do against a peaceful protest that is non disruptive. One can not arrest people for lighting candles or for fasting. Nor can you disperse them with physical force as there is no instigation. They had already tried trashing the man and the method, saying at various times that method of protest is wrong or labelling Anna as right wing activist or by trashing movement as being instigated by interested coterie. When nothing works then it is best to join in with the objective that through innovative management one can usurp the entire movement and its ideas as ONES’ OWN. It still remains to be seen if this movement goes down the time tested path or defies and brings about the change it promises.

Last word is still to be spoken, written or read on the movement.

Bundi–March 2011

We started our journey on Saturday morning around six thirty in the direction of Jaipur, ultimate destination being Bundi around 446 kms from gurgaon. First part of the journey being uneventful and with one pit stop at Hotel Tokes for a sumptuous breakfast of stuffed Parathas we were crossing Jaipur. Somehow for the first time in so many travels google maps failed us and getting onto the Tonk Bundi Road became an exercise in favourite indian travel past time of asking directions. It was around eleven am when we found ourselves heading in the right direction and crossed the satellite town of sanganer.

This brought us to the NH12 which was to take us to Bundi via Tonk. This is where similarity with any other national highway ended. This road is a single lane road all the way totally devoid of any basic amenities like a Midway or a decent Dhaba and is used by some of the worst commercial vehicle drivers one would come across. And on this road there is an unusually high traffic of trucks carrying indeterminate cargo.

It was only in Tonk we found a decent place to have lunch and guess what it had taken us a good part of three hours to do hundred kilometres. To put this in perspective, yours truly had done hundred out of Bikaner in one hour a few months back. Can’t say we were not forewarned, our hosts at Bundi had warned us that it may take more than five hours to do 200 ams from Jaipur. After the break we started on our final leg to Bundi and with the sun bearing down on us, ac were on blast and by this time iPod had also gone off charge as were playing music through a FM transmitter ( travel tip – if you want to play music through FM transmitter, carry plenty of iPods).

Bundi is a town situated in a valley surrounded by hills from all sides and was considered a seat of preeminence during the times of Rajputanas as the kingdom of the Haras. It was a more important town then Kota then and due it’s natural hilly surrounding was considered a formidable kingdom. As one winds his was around the hills the fort appears to ones left almost one with the hill on one side and a small lake on the other. It is a breathtaking moment and worth the drive of ten hours. Right next to the fort sticking out like a sore thumb is a telecommunications tower and one can only envy the lack of imagination or appreciation of history for the Babu who approved erection of the tower.

We were escorted by our hostess and her charming daughter alongwith their man friday, to their home for a round of snacks which were accompanied with a lecture on history, travels and career opportunities for youngsters by the patriarch of the family. Naturally so, forty years of being a professor in a college does come with some amount of ability to discourse.

All this brought about the sun set which we felt was early onset, possibly due to the surrounding hillocks. We were then taken on a night tour of the outskirts and landed at a Devi temple situated on another hillock which had to be climbed on foot. Ten hours of sitting in a car is not the best preparation for climbing rough heaven rocks of uneven height, even if there is only about 200 of them and especially if you are doing that in pitch dark and only light is of the sanctum sanctorum as a beacon. The journey becomes all the more tiring if one is an agnostic and also aware that lack of lighting renders the camera superfluous. Long and short of it is that we managed the climb up and also the walk down. While on top we did come across a couple of “very happy” devotees with plastic glasses and finger snacks, who miraculously decided to end their tryst with the Goddess as soon as they found us within breathing distance. Another interesting aspect at the bottom of the temple was two kitchens, one for vegetarians and another for the carnivore.

We had dinner at an open air restaurant called Grizzly, while the fare was ok but nothing to write home about and service was decidedly tardy and with all the moths and mosquitos about even the strictest of vegetarians would have tasted some meat. Thankful this day came to an end and we retired to our rooms for the night though not before Man Friday warned us that we need to start the morrow early and instructed the hotel staff to serve us tea at six.

Morning at six we were woken up from our sleep by Tea bearer and unbeknownst to us man Friday was lurking in the background and exactly at 6:15 he appeared to enquire how long would it be before he should fetch us to the house and were suitably warned that if we delay, we will have to face the intense heat. Thus chastened we were ready at seven am and were taken across for a homemade breakfast of poha and tea.

Start of another day and this time to the Palace which is a protected monument approached from the middle of the town. We were in for another climb up a steep slope where the ravages of time and weather had rendered the stones slippery and one was looking for footholds to save one’s life as the fall would not be a very happy one and may result into some broken bones.

At the top it was another fighting palace which must have been witness to lot of intrigue and battle plans. History was replete in every part of the palace. The courtyard where the king held his durbar for the population to the meeting place where king held counsel with his trusted advisor. Importance of the Lead Queen’s counsel was also discernible. While the minions of the entourage were restricted to watching the happenings from eyeholes, the Queen had a window to herself from where she could express her assent or dissent by a simple shake or nod of the head. So much for the women being downtrodden in the Rajput families.

What struck one was the general dismal state of repairs of the palace and what it could be made into if only some repairs were being conducted on the structure.

The remains lay testimony to the grandeur which was built in and the vandals had ravaged over time due to apathy of the family and also disinterest of the government.

One could make out the details that had gone into making of the palace a fighting citadel by the way stairs were designed for one person to pass and that too at a leisurely pace and not at a canter and definitely not with a weapon in hand. The turns and twists which were built into the design and leading into courtyards and open spaces where the enemy soldier could be picked one at a time by a platoon.

From the palace we repaired to the so called Chitrashala for a dekko at the famous Bundi paintings and had come away disappointed as most of the frescos and paintings on the walls were in a state of disrepair and just one official guide for the odd visitor who happened to visit. When we visited this guide was busy with a French couple and none of us being articulate in French it was left to the guard to help us out with his version of history and art. Produced below is what was the painting in the best condition and had supposedly undergone renovation by the government.

Surprisingly we found the courtyard in front of the Chitrashala to be very well managed. Grass was cut and flowers and trees were well tended to. Though the water tank and fountains were dry but the seats around it were in good conditions at odds with the rest of the palace and left us thinking why the same care could not be shown to the rest of the palace or the paintings inside.

We managed to get down from the fort in one piece and had look at the wares on sale at the souvenir shop at the palace and found the inventory to be very mediocre compared to what we had seen in places like Mandawa, Kishangarh or Jodhpur. We did not find anything that we could add to our collection.

We went to the museum, which was a collection of photographs, old weapons and lots of stuffed animals. These animals are proudly displayed as trophies of bravery though what is so brave in shooting an animal from a hundred feet hiding on a treetop is beyond my comprehension. May be one can explain the killing of carnivore to protect the citizenry but what harm could a bison or a deer have caused is only for these hunters to explain.

In the afternoon we made a trip to the RANI JI KI BOWRI – around a kilometer from the palace. Ostensibly the Queen used to come down to this place for her bath from the palace. I personally believe these were the water storage tanks built by the various kings for the use by the people and were also the congregation points for the people to get together for social and religious functions.

In the evening we went to a nearby village for an early dinner of Daal Baati cooked in the traditional earthen oven in the house of Mr.Ramavtaar Meena. House was in the middle of fields and had only one light bulb, no television but all the male members of the family did carry mobile phones and had motorbikes. The family eats dinner by 6 PM and is off to bed by 8, typical day for them starting at 5 AM in the morning. All the young adults in the family are graduates and young ones go to private schools. Mr.Meena’s mantra – this is the age of the educated and it is for his family to keep pace with the times. We were introduced to the family lucky mascot – Toto, the Tortoise who had adopted the family few years back and whose addition the family saw as the turning point in their fortunes. Don’t know if it is legal to keep him in the household but at least better to keep him then to let him out and die.

Food was out of this world and company interesting. We learned that irrigating the fields was still a challenge and with erratic water supplies whole crops could go bad in a matter of days. Utensils were still being cleaned with the ashes from the earthen oven before rinsing with water. Buffaloes in the stable were as moody as the humans, each one with a name and its own idiosyncrasies like one wanted to be tied under the shed when milked and the other would only allow the patriarch to do the honors.

Mr.Meena and his sons had put together Pump Set and Generator set up to pull water and irrigate the fields. Mind you, this water was ONLY for the crop and not for personal use. This was the SWADES moment, all the talks of nuclear state, double digit economic growth, third largest economy in the world and largest democracy and we still can not irrigate the fields.

Introducing India

Recently I saw a mail from a ex-college mate introducing India to his students in some University somewhere in US.

In his mail he gushed over US as A great country which gave him everything compared to his “wasting” his life in India before moving. Also he was of the view that people in India have started eating more and he hoped that they are eating healthy.

During the future email exchanges he stuck to his guns of India being BAD and POOR and US being good. When heat got too much for him he claimed he is a citizen of the country that butters his bread better and also tried defending his stand by saying he does not subscribe to countries and citizenships. Another one of his immigrant mates suggested that residents invariably question patriotism of NRIs.

Set me about wondering why these people who firstly want out of India and employ all kinds of tricks from marrying for citizenship to enrolling in useless courses still want to retain Indian identity. Also what would the US immigration have to say to these people who clearly are stating a contra view to what they said in their OATH of Citizenship about renouncing their Indian loyalty. Or is it a matter of loyalties depending upon the greens ? Should India even be bothered about them or their return, what do they bring just another mercenary ?

Changing tracks, is it fair to introduce India as that down trodden apology of a country. Even if one were to not go into the history of the nation which runs into a few thousand years compared to a few hundred for so called great nations or the fact that more religions have found birth in India then any other nation possibly with the exception of Israel.

We as a country has had voting rights for ALL, irrespective of caste, color,creed or religion from the very inception 60 odd years back. Other then the ingrown religion we also could assimilate imported religions as our own whether Islam, Christianity or Judaism.  We largely live in religious harmony between various religions and also more then 20 languages. We are truly a multiethnic society in which we have had Muslim/Sikh/Hindu President in addition to multilingual Presidents and Prime Ministers. We as a nation have never attacked another country despite enough and more provocation from across the border.

We have been pretty consistent in our policy of denouncing despotic rulers and not bend at selfish interests to support dictators (Pakistan/Iran/Philipines) or attack another country for no real reason (Vietnam, Afganistan, Iraq) etc. We have not help onto enemy territory despite occupying it in battle.

In my opinion, a nation can not be simply judged by its Balancesheet or weaponry but the morals and ethics also should be given due consideration.

Economies of Terror and Naxal – India

Read the headlines of any news paper in India and you would find news reading like a crime docket.

1. Naxalites attack in some district
2. Maharashtrians demanding Mumbai
3. Telangana separate state demands
4. Mass migration of manpower from impoverished states of BIMARU

What could be the cause of so much violence in this once peaceful country. What is the cause of angst of the youth and not so young of this country which is making them take to arms and kill (remember killing another human being, of whatever faith, is against the tenet of most religions being practiced in India).

Even if one were to go back in the pre-Independence India armed rebellion against the British was raised by few and far between. Freedom fighters in that sense are hard to find and one usually falters after Azad, Bhagat Singh, Bismil, Rajguru and Sukhdev and may be one Netaji and his INA, formed from the PoWs captured by Japan. Later bunch were professional soldiers trained to fight.

Cause of most battles, rebellion or uprising in the world has been Wealth and Territory, some may argue Women in the sense of possession, but we would focus on the first two. In light of the historical statement if one were to look at the growth pattern of India on the geographic map of India with the plotted districts for Naxalite (Armed Uprising) movements. Some facts stand out.

1. Little to no naxalite activity in areas
   1. In and around Delhi, Haryana and Punjab
   2. Mostly Western part of India is free of any Armed rebellion.
   3. Eastern part of India including states like Chattisgarh, Bihar, West Bengal, Orissa and Eastern part of UP are infested with armed activity.
   4. Any such activity is again notably absent from the Western part of UP, which was notorious for criminal activity.
   5. Economically Developed Areas
      1. In and around Delhi, Haryana and Punjab
      2. Mostly Western part of India namely Maharashtra, Gujarat.
      3. Down South – Bengaluru, Chennai and large part  of Kerala
      4. Western UP – NOIDA, Gaziabad, Meerut etc.

I would like to draw the attention of the reader that the above two list are a reflection of each other in large parts. Let us park this fact here –

That lack of economic development has resulted into discontent and disillusionment with the polity that has led to armed civilian action.

Let us come to the second part of the problem

1. There has been large scale of migration from Naxal affected areas to developed areas. One only has to venture out on the streets of a Mumbai or Delhi or a Ahmadabad to come across accents and language that immediately divulge the origin of the worker. Most of the migrants are working as menial laborer either pulling Riksha or doing household chores if not an unskilled construction worker.
2. In recent times one also finds that educated people like Doctors, Engineers or graduates are also moving on to developed areas. More and more people are travelling to say a Delhi to write the Railways or Banks entrance exams. MNCs or large Indian companies are hiring across the country and not just the local population of the city.
3. Three cities mostly impacted by the influx (though I don’t have the data to substantiate) are Bangalore, Delhi and Mumbai.
4. The response from these cities is very different to immigrants
   1. Bangalore – had some sporadic incidents in the past, which died down possibly due to lack of support from locals. Also to do with the fact that Bangalore has always had a mixed bag culture due to concentration of Public Sectors, Armed Forces and Education Institutions.
   2. Delhi – Being the capital of country has always had confluence of people from varied parts of the country and the world and migration has never real been a issue with locals – who see themselves as migrants largely from what is today Pakistan.
   3. Mumbai – the largest city in the country is where there is discontent over the migrant population. There are groups of politicians on the streets and professionals on blogs and social media asking for restoration of Mumbai to Marathi speaking. Some numbers based on Economic Survey of Maharashtra 2008-09
      1. i.      Marathi speaking population has declined from 76% to 69% in 30 years
      2. ii.      Number of people citing Hindi as mother tongue has risen to 11% from 5%
      3. iii.      12.39 L people moved to Maharashtra in the time period and 10.74 L settled in urban areas
      4. iv.      During the same period 22.62 L people moved from rural to urban Maharashtra

Another fact which is being borne out is that while the influx has been there in the three cities. Violent reactions are coming from Mumbai the financial capital of India. Mumbai as a city is facing influx from Maharashtra rural as well as migrant population from other states.

The third part is the demands for separate statehoods from various parts of states. This is being led as people perceive inequality of development across the state and thus leading to unequal development due to narrow political considerations.

Telengana is the latest movement to gain visibility though in the past there have been such actions from other parts of India also. Existence and creation of states such as Chattisgarh, Jharkhand and Uttranchal bear fruit to such movements.

Why these cross state movements are happening?

We have all been witness to the great brain drain of the 70s and 80s when we saw migration of educated elite – the engineers and doctors to greener pastures of Western world and movement of semi skilled and unskilled to Middle East. All these movements were driven by the desire for higher earning potential and were due to lack of good opportunity back home. Marathis, Kannadigas, Tamilians and sundry other Indian ethnic origin people migrated in droves.

Visions of better prospects and higher earnings were created by English language movies and aided by the uncle/cousin/neighbor returning home bearing news of sky scrapers, big cars, better living conditions, access to schooling and fancy chocolates.

Still for the average Joe/Jai, it was an unassailable dream which was reserved for the brilliant few with academic excellence. Average person was content with his 9 to 5 job at the nearest Bank or Railways or Telecom or Electricity Board. For him car was aspirational to be bought in mid forties and house was a bigger dream usually associated with retirement.

Come the 90s and we had the economic as well as Infotainment revolution.

Economic revolution brought about advent of companies ready to pay top notch in India. Fancier options were thrown open to the “masses” in India itself. Multinational jobs came with fancy perquisites like cars, company leased accommodation, 5 star hotel travel benefits, foreign jaunts and of course, higher and better salaries. Civil Services, Public Sectors and Government sector were no longer the aspiration. One moved from Ambassador to Maruti/Hyundai/Toyota/Ford as car of choice.

While the job market was going through a radical change, another change was happening, this one on the media waves. Door Darshan was giving way to soap opera dishing 24 hour channels with their fancy dramas and even fancier lifestyles. These soaps showcased the metro living as a constant war between managing a fancy home, fancy car and a fancier noodle strapped wife while dabbling with the mini skirted secretary cum mistress.

In keeping with the times, movies of the day also showcased the village bumpkin making the millionaire heiress fall for him; or a villager coming up the hard way make it big really big in the big bad Mumbai by the sheer dint of his hard work and his simplicity.

A villager was contrasting all these on his panchayat television, of course when there was electricity, contrasting it with his own tryst with destiny running around for basic amenities of water, food, clothing and shelter.

And, all this happening not in a far off land of opportunity but right here in “Aamchi Mumbai”. All one had to do was reach out and grab the fruits by taking the next train to VT station. More adventurous took the train to Mumbai, a few took to the guns and the rest are still waiting for salvation.

This led to the migration to the land of opportunity for the not so fortunate from within the state and outside of the states. Mumbai being the city projected in most of the media became the city of attraction and opportunity for most migrants. Delhi was perceived to be the city of politicos and babus and Bangalore was the city of geeks. Still migration happened to these cities and these days it is as easy to find a hindi speaking auto driver in Bangalore as in Delhi.

Migration was happening from areas devoid of any development and hope but the situation in these cities is also not ideal. Most of these cities have infrastructure bursting at the seams and opportunities are not at rampant as it may seem from outside. It is a classic case of Demand exceeding supply by a magnitude.

Migrants started competing with the locals for the less skilled jobs of drivers, labor and administrative roles in organization. They also started competing for government jobs in Railways etc. thus increasing competition for the locals. And the locals started losing a fair share to the migrants thus creating dissatisfaction amongst the locals on their jobs being usurped by the migrant.

Question can be asked on why the ire is on linguistic basis and not against ALL migrants? It is a simple matter of finding the commonality amongst the migrant and a differentiating point of reference from them that lead to language being the factor. Once this goal is met with the next goal would be to find another factor of say district domicile which would be raised as a cause of concern.

Is there a Solution?

As we can trace the problem to the past the solution can also be pulled from past.

Marathis who are today complaining about the Hindi migrants to Mumbai were migrating in droves from Maharashtra to employ with State Banks all over the country. Why just Marathi there was cross country migration. It was no surprise to find a Bihari engineer, Marathi Banker, Tamil beaurocrat and a Bengali Professor in MP.

At that point concerns about cultural amalgamation were never raised and one can even today come across various regional festivals being celebrated in total harmony in various parts of India. Examples are  Ganesh Puja, Durga Utsav to name a couple. Even the food got assimilated, now you could have the same household dishing out Dosas, Paneers, Pav Bhajis and Chakalis.

It was commonly understood that people will learn the local language while retaining their mother tongue. No one faulted the other and there was harmony in the opportunity or access/lack of access to opportunity. There was no regional divide.

As we discussed in the initial part of this article, there is opportunity existing in only specific “islands” and hence the locals want to protect the turf, while to others have righteous indignation about access to the opportunity.

Solution lies in taking these opportunities to masses, rather than let the masses come to the centers. There has been some work done to take the education to the various parts of the country through opening of Engineering and Management Schools being started. We now boast of Engineering graduates from various sections and geographies, it would be interesting to see how many of them are being gainfully employed without a prejudice to benefits on offer in their home states or towns.

We have seen a lower percentage of Indian students opting to leave the shores for employment due to opportunities being generated in India. Similarly if there was a equitable distribution of businesses to happen in country across various states it would arrest the migration across the country and also cater to the overall development of the country while not straining the resources of one city/state. This also ties in with the demographic changes the country will face in next 2 decades, more and more of the employable population of the country, between 20 and 40 years of age would be from the North and East of India. West and South of India would have a median age of 35 years, it would be the North which would be in mid 20s and would be available to fill the void which would happen in the rest of the world including China.

It is upto the politicos and business men of the country to take advantage of the available resources to ensure continued economic growth of the country while also resolving the dissent. Once the opportunity for gainful employment is there, these armed struggles would lose the resource pool.

Religion, Terror and Politics

No religion teaches intolerance towards fellow beings. I am using the word being in an extended sense of including the other living beings. If we with our religious faiths can co exist with other lives in our area of living.  Why is there so much of intolerance for other religions, practiced by humans, who for some minor differences are the same bipods as us.

Is the religious intolerance in actuality a manifestation of other aspirations such as Territory, Wealth and other such pelf? It is very easy for both the Ruler (Constantin’s promotion of Christianity in medieval Europe) and an uprising (Taliban in Afghanistan or Ganpati Puja in India during the Raj). In these situations Religion becomes the central binding force for the masses while they are acting out to the selfish acquisitions or a political cause of the ruler or the leader.

It is not the religion but the leader/s of the same who present the dogma in such a manner. India has seen promotion and peaceful coexistence of various forms of worship such as Hindu, Budhdhism, Jain (home grown) and Islam, Christianity, Judaism, Zoroastrian (imported) for centuries. It was the British Raj which worked at and also succeeded in diving India into Hindu and Muslim.  Point to note here that the British played the minority card where it suited them and hence we have this divide between Hindu and Islam, the two largest faiths. Even after the British engineered and Indian leadership of the day supported partition, India today has the second largest Muslim population in the world. India provides for a separate law for muslims allowing for them to have their own civil code for multiple marriages and unique Divorce by uttering Talak three times. A lot of so called Islamic countries do not allow for such rules. Despite that, due to the base political aspirations as well as the enmity from our neighboring Pakistan, Muslims in India still suffer from a persecution complex. Has anyone thought why the real minorities – Jains, Budhdhists, Zoroastrian do not have a militant movement for separate state or civil rights? Is it because individually or even collectively these beliefs do not form enough critical mass to impact the politics of the country?

India Census 2001

Religious Composition	% Population
Hindu	80.5
Muslim	13.4
Christians	2.3
Sikhs	1.9
Jains	0.4
Other Religious persuasions	0.6

 

On a different note look at the role the American state played by aiding and abetting the religious movement of Talibs and similar formations to control and subvert the Soviets. America used and also supported the promotion and degeneration of state of Pakistan into a virtual anarchy and a religiously intolerant regime in Pakistan. How could Pakistan, which has for major part of its existence been governed by despotic dictators, be an ally to US at the cost of India, which has a tradition of being a democracy (defective yes but still a democracy)? If it was about principles and policies, shouldn’t US have supported India in the 71 war instead of sending the seventh fleet to attack Indian forces in defense of the beleaguered Pakistan?

US is granting financial assistance to Pakistan today despite assertions of exiled Pakistani ruler Musharraf admitting that US aid was and will in future will be used to deliver “thousand cuts” to India.

Why is it that my terrorist is an internal India matter between local Hindu-Muslim and your extremist is a threat to the world? US civil society has also awakened to the threat of the extremist only after 911, why this concern was not present when Taliban were being groomed in the NWFP of Pakistan or ravines of Afghanistan? As has been proven 26/11 was executed from Pakistan and by Pakistani nationals with tacit support of Pakistan army, US still considers Pakistan an ally in the “battle on terror”. Now, we have this big debate on good Taliban and a bad Taliban. How are we to decide who is a good murderer and a bad murderer, or it again going be back to basics on who kills for me and against me?

Software Companies and Piracy

One keeps hearing the lament of software products companies about the high rate of piracy in developing countries in India. Also how the same is counterproductive to their businesses and there should be regulations on piracy and punitive damages on the pirates to stop this lamentable practice.

How admirable is their own performance in managing own resources and the piracy practiced by some of their own employees on third party products or services? Do they punish or act against their own employees that pirate music, movies, games and illegally unlocked phones? Even a single positive reference for action from a Microsoft or a Oracle. Naming these two, as they are usually the “grievously injured” parties when “piracy” discussions happen in the world of software.

The very employees who lament about the absolute piracy or about the under licensing as professionals are the ones downloading music from the net. Reasons given are:

1. Since everyone is doing it, what is the big deal when I download a movie?
2. Product of the company lacks feature x which I feel is critical and hence I bought it from grey market and used freeware to unlock the device. E.g. iPhone does not have sms forwarding hence I bought from grey market and unlocked it rather than pay the full price of it.

Question is why different rules for different avtars of the same person? Why the same level probity is not applied to self which one expects from ones professional customers? Are these executives not paid enough and cannot afford to pay? Or is it that they are ignorant of the ethical aspects of, if that be the case how are they performing duties on behalf of their employer, or is it that they are condoning the practice of piracy themselves?

Would it not be fair for the software products companies to first set their own house in order before they clean the street?

What is Software Piracy?

The copyright infringement of software (often referred to as software piracy) refers to several practices which involve the unauthorized copying of software. Copyright infringement of this kind is extremely common. Most countries have copyright laws which apply to software, but degree of enforcement varies.

Most commercially exploited proprietary software is developed in the United States and Europe, hence for those located in economically disadvantaged economies it can be prohibitively expensive to pay for all the end user licenses for those products rather than to purchase just one license and then copy the software without paying any additional licensing fees. Some critics in the developing countries of the world see this as an indirect technology transfer tax on their country preventing technological advancement and they use this type of argument when refusing to accept the copyright laws that are in force in most technologically advanced countries. This idea is often applied to patent laws as well.

GENDER EQUALITY IN EMPLOYMENT

What is Sexual Harassment?

Sexual harassment is any unwanted attention of a sexual nature, like remarks about your looks or personal life. Sometimes these comments sound like compliments, but they make you feel uneasy. Sexual harassment can include:

• degrading words or pictures (like graffiti, photos, or posters);
• physical contact of any kind;
• Sexual demands.

Harassers often have authority in the workplace. Your supervisor might be a harasser. You might also be harassed by a coworker who wants you out of his way Or you might be harassed by someone who works under you and doesn’t like it. The harasser wants to hold power over you. He counts on your fear of complaining. He may think you are an easy target if there are few women where you work.

What is a Workplace?

Your workplace may be:

• an office;
• a factory;
• a building;
• a private home;
• a school;
• a store.

What is Workplace Harassment?

Workplace harassment is when someone harasses you while you are doing your job, or on your way to or from work. A harasser can be anyone you come in contact with because of your work. That person might be a:

• boss;
• supervisor;
• manager;
• Member of your board of directors;
• coworker;
• customer;
• patient;

Harassment can happen anywhere in the workplace:

• in the lunchroom;
• in rest and washroom areas;
• in staff rooms;
• in an office.

You might also be harassed outside of your workplace. It can happen at a party, on a business trip or at a meeting at someone’s home. Harassment is not always workplace harassment. It depends on the situation, and your relationship to the harasser. If your boss is in your home and demands that you have sex with him, it is still workplace harassment. Your boss has power over you. He could make things hard for you at work if you say no. If the same thing happens with a coworker who has no power over you at work, it might not be workplace harassment. However, if the coworker harassed you at work later, it would be workplace harassment. The employer would be responsible for stopping it.

Your employer is responsible for any form of harassment that affects the workplace, and your work.

Your Right to a Safe Work Environment

You have the right to work in an environment that is free from harassment. Employers are responsible for providing this to all workers. You have the right to expect your employer to take your concerns seriously. It is against the law for anyone you come in contact with on the job to harass you. It is against the law for your supervisor to promise you a raise or job perks in return for sexual favours.

The law also says that you have the right to work in an environment that is not “poisoned” by harassment. You cannot help but be affected by what is happening in the workplace. Your employer cannot expect you to work if people around you are making sexual, racial or homophobic jokes or comments, or putting graffiti and pinups on the wall. All of these things can make it hard to work. They are bad for your mental wellbeing. They affect your work just as if the harassment were directed at you.

You have the right to ask your employer, or law enforcement agency to protect your rights

Sia worked at a large corporation which she said was “like a boy’s club.” She complained about sexual harassment. The same day, she was harassed for complaining. Only the supervisor, the man Shelley complained about and Shelley herself were supposed to know. When Sia handed a written complaint to her supervisor, he said, “I don’t need this shit.” And tore up the complaint. Sia with the help of other women complained to the Global Legal Counsel in the USA. This complaint was taken up seriously and a detailed investigation was conducted on the incident. During the investigation company discovered various previous misdemeanors from the accused. Despite support from the local management the person had to leave. However, even the complainant left as Sia and her supporters were targeted. Sadly the Managers who condoned and protected the actions are still in position thus exposing a lacunae in law.

Is This Harassment?

There are many clearcut examples of harassment. When a boss demands that an employee have sex or lose her job, it is clearly harassment, and it is against the law. But there are many less obvious examples. Many people are not sure if what they are experiencing is harassment.

Here are some examples of workplace behaviour:

• a man puts his arm around a woman at work.;
• someone tells an offensive joke;
• someone says “You look great,” or “Your hair looks terrific,”

These may or may not be examples of harassment. It depends on the situation. Where two people are friends, a comment like “your hair looks terrific” could be a compliment. If the same comment is made by a stranger on the street, it feels very different. If your boss leans over your desk and whispers the comment in your ear while you are working, it feels different again. The important questions are: do you feel comfortable with this person making this comment? and does he have any reason for believing that his comments are acceptable and welcome?

Here is another example. A group of workers have always told jokes, They are all comfortable with each other. No one is trying to offend anyone, and no one takes the jokes seriously The jokes might offend some people, but they are not harassment in this situation. If a new person joined and was bothered by the jokes, they should stop telling them. If they persisted with this behaviour in the presence of the new worker, they would be harassing the new worker.

What Does the Harasser Think He is Doing?

• Harassment can be confusing. You may wonder why the harasser is acting this way.
• He might not think he is harassing you.
• He might be very surprised when you call what he is doing harassment.
• He might not mean to harm you, He is treating you the way he has learned to treat women.
• He might feel that he has the right to behave this way with you.
• He might not think his actions have a big impact on you.
• He might want to push you out of a job that he thinks is for men only
• He might be angry because you are assertive or question his way of doing things.

BUT

• He might know he is upsetting you or harming you. He may enjoy the challenge. Maybe he feels more powerful when he treats you badly.
• And no matter what he thinks he is doing, harassment is wrong. He can stop.

What Does the Law Say on Harassment?

Sexual harassment results in the violation of the fundamental right to “gender equality” and “the right to life and liberty” besides the right under Article 15 of the Constitution (which deals with the prohibition of discrimination on grounds of religion, race, caste, creed or sex). Keeping these rights in mind, the Supreme Court has passed twelve guidelines that have the force of law. They were taken by a division bench as there was “an absence of enacted law to provide for the effective enforcement of the basic human right of gender equality and guarantee against sexual harassment at the workplace.” These guidelines are to be observed until legislation is enacted.

Some of these guidelines are:

• “It shall be the duty of the employer or other responsible persons in the workplace or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedure for the resolution, settlement or prosecution of acts of sexual harassment.”
• “The employer should initiate action in accordance with the law by making a complaint with the appropriate authority. Victims should have an option to seek their own transfer or that of the perpetrator.”
• “A complaint mechanism should be created in the organisation. This complaint mechanism should ensure time-bound treatment of complaints. The complaints committee should be headed by a woman and not less than half of its members should be women. In order to prevent the possibility of undue pressure or influence from senior levels, a third party, especially a NGO familiar with sexual harassment, should be involved in the complaints committee.”
• “The committee must submit an annual report to the government. Employees must be allowed to raise the issue of sexual harassment at various fora.”
• The guidelines also provide for the initiation of criminal proceedings where sexual harassment is proved beyond doubt.

What Should I Do?

Maybe you have been harassed at work for years. Maybe you are being harassed for the first time. Maybe someone or something at work is making you feel uncomfortable, but you aren’t sure if it is harassment or not. What should you do?

Trust your instincts. If something makes you uncomfortable, there is a reason. Tell someone you trust right away. Not every comment or gesture is going to turn into ongoing harassment against you. You may want to see if it happens again, or see if it has happened to someone else. But don’t ignore your feelings.

Seek out support. You do not have to deal with harassment alone. Talk to friends and people who can support and encourage you.

Learn as much as you can. You need information about your options. You need to use the help that is available. When you know what is possible, you will be able to decide what to do.

Take care of yourself. Harassment can make you feel bad physically and emotionally. It makes it hard to do your work. You may be too afraid of losing your job. You may be worried about what will happen to you. You may not feel ready to deal with your harasser. If you choose to stay quiet, please read this book, especially Section 6 on TAKING CARE OF YOURSELF. Harassment affects more than just your job. It can upset your home life, your relationships and your health.

Deal with the harassment through your workplace. You can do this formally or informally Remember that you have the right to work in an environment free from harassment.

Make a legal complaint. If you can’t resolve the problem at work, you may decide to make a legal complaint.

You can change your mind. As you proceed you may decide that a different course of action is best for you.

Someofthewell-knowncases
Sexual harassment at the workplace, as an issue, captured the collective consciousness of working women, following the Shehnaz Mudbhatkal case. This woman worked as a hostess for Saudi Arabian airlines. Her services with Saudi Arabian airlines were terminated because she refused to surrender to the sexual demands made by her superior. But Shehnaz would not give in. Filing suit, she fought for 11 years. In 1997, she was awarded full wages and continuity of services with effect from 1985. Sadly, the airlines appealed to Bombay High Court, which granted a stay.

However, this is not the only case of its kind. In 1994, Doordarshan (Hyderabad) producer Sailaja Suman took director P L Chawla to court on charges of defamation, criminal intimidation and trying to outrage her modesty. She filed two separate cases in the metropolitan magistrate’s court. Unfortunately, Suman was transferred to Lucknow.

In another case, Nutan Sharma, a steno in the Union Ministry of Railways, was transferred, following her complaint that R P Sharma, secretary to the Chief Operating Manager, molested her.

Alisha Chinai’s suit against music composer Anu Malik, demanding Rs. 26,60,000 as damages for sexual harassment, met with a similar fate. Malik filed a Rs. 2 crore defamation suit. But the most well-known instance of a sexually harassed woman taking the help of the law to teach the harasser a lesson is that of Rupan Deol Bajaj. Bajaj was slapped on the bottom by the then DGP of Punjab, K P S Gill. Accusing him of indecent behaviour, Bajaj fought an 8-year legal battle. The hard work paid off. Gill was convicted and sentenced to three months RI.

Vishakha Judgement

It has been a decade of the famous vishakha judgement.Bhanwari Devi a Saathin of a development program run by the state government of Rajasthan, fighting against child and multiple marriages in villages, tried to stop child marriage of Ramkaran Gujjar’s infant daughter who was less than one year old. The marriage took place nevertheless, and Bhanwari earned the ire of the Gujjar family. Gujjar family got infuriated by her interference, and on September 1992 five men including Ramkaran Gujjar, gang raped Bhanwari. Unable to get justice, women groups had filled a petition in the supreme court of India, under the name of, ‘Vishakha’, asking the court to give certain directions regarding the sexual harassment that women face at the workplace. The result is the Supreme Court judgment, which came on the 13th august 1997, and gave the Vishakha guidelines.

This was the case, which bought sexual harassment at workplace into public glare. The petitioners wanted assistance in suitable methods for realization of the true concept of “gender equality”; and to prevent sexual harassment of working women in all workplaces through judicial process and to fill the vacuum in existing legislation. The Supreme Court held that, “each incidence of sexual harassment of women at workplace results in violation of the fundamental rights,” “gender equality” and the “right to life and liberty.” It was a clear violation of the articles 1, 15 and 21of the constitution. Gender equality includes protection from sexual harassment and right to work with dignity, which is universally, recognized Human Right. From the viewpoint of the Supreme Court it took this case quite seriously as it understood the gravity of the situation. The Supreme Court took assistance from the then solicitor general of India to formulate certain guidelines and norms to help working women against sexual harassment. These guidelines were formulated since the then civil and penal laws in India did not adequately provide for specific protection of women from sexual harassment in workplace and that enactment of such legislation would take considerable time.

Vishaka Guidelines against Sexual Harassment in the Workplace

Guidelines and norms laid down by the Hon’ble Supreme Court in Vishaka and Others Vs. State of Rajasthan and Others (JT 1997 (7) SC 384)

HAVING REGARD to the definition of ‘human rights’ in Section 2 (d) of the Protection of Human Rights Act, 1993,

TAKING NOTE of the fact that the present civil and penal laws in India do not adequately provide for specific protection of women from sexual harassment in work places and that enactment of such legislation will take considerable time,

It is necessary and expedient for employers in work places as well as other responsible persons or institutions to observe certain guidelines to ensure the prevention of sexual harassment of women.

1. Duty of the Employer or other responsible persons in work places and other institutions: It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts, of sexual harassment by taking all steps required.

2. Definition: For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as:

a) Physical contact and advances;

b) A demand or request for sexual favours;

c) Sexually coloured remarks;

d) Showing pornography;

e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

Where any of these acts is committed in circumstances where-under the victim of such conduct has a reasonable apprehension that in relation to the victim’s employment or work whether she is drawing salary, or honorarium or voluntary, whether in government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto.

3. Preventive Steps: All employers or persons in charge of work place whether in public or private sector should take appropriate steps to prevent sexual harassment. Without prejudice to the generality of this obligation they should take the following steps:

(a) Express prohibition of sexual harassment as defined above at the work place should be notified, published and circulated in appropriate ways.

(b) The Rules/Regulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender

(c) As regards private employers, steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.

(d) Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.

4. Criminal Proceedings: Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority.

In particular, it should ensure that victims, or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.

5. Disciplinary Action: Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules.

6. Complaint Mechanism: Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer’s organisation for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints.

7. Complaints Committee: The complaint mechanism, referred to in (6) above, should be adequate to provide, where necessary, a Complaints Committee, a special counsellor or other support service, including the maintenance of confidentiality.

The Complaints Committee should be headed by a woman and not less than half of its member should be women. Further, to prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment.

The Complaints Committee must make an annual report to the Government department concerned of the complaints and action taken by them.

The employers and person in charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government department.

8. Worker’s Initiative: Employees should be allowed to raise issues of sexual harassment at a workers’ meeting and in other appropriate forum and it should be affirmatively discussed in Employer-Employee Meetings.

9. Awareness: Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner.

10. Third Party Harassment: Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.

11. The Central/State Governments are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in Private Sector.

12. These guidelines will not prejudice any rights available under the Protection of Human Rights Act, 1993.

***

Other legal provisions include filing a criminal case under sections of the Indian Penal Code (IPC), the Indecent Representation of Women (Prohibition) Act and/or filing a civil suit.

The sections of the Indian Penal Code that can be applicable to sexual harassment (which makes it a criminal case):

1. Section 294
‘Whoever, to the annoyance of others, (a) does any obscene act in any public place, or (b) sings, recites and utters any obscene songs, ballads or words, in or near any public space, shall be punished with imprisonment of either description for a term that may extend to three months, or with fine, or with both.’ This provision is included in Chapter XVI entitled ‘Of Offences Affecting Public Health, Safety, Convenience and Morals’ and is cognisable, bailable and triable by any magistrate.

2. Section 354
Whoever assaults or uses criminal force on any woman, intending to outrage her modesty or knowing it likely that he will thereby outrage her modesty, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.

3. Section 509 (Word, gesture or act intended to insult the modesty of a woman) This is included in Chapter 22 entitled ‘Of Criminal Intimidation, Insult and Annoyance’, and is cognisable, bailable and triable by any magistrate. It holds: ‘Whoever, intending to insult the modesty of a woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture is seen by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.’

Under the Indecent Representation of Women (Prohibition) Act (1987) if an individual harasses another with books, photographs, paintings, films, pamphlets, packages, etc. containing the “indecent representation of women”, they are liable for a minimum sentence of 2 years. Section 7 (Offenses by Companies) further holds companies where there has been “indecent representation of women” (such as the display of pornography) on the premises, guilty of offenses under this act, with a minimum sentence of 2 years.

Civil case: A civil suit can be filed for damages under tort laws. That is, the basis for filing the case would be mental anguish, physical harassment, loss of income and employment caused by the sexual harassment.

***

Justice Arjit Pasayat:

“While a murder destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless women”